If you are arrested and charged with a criminal offence in Toronto, you face a real possibility of being detained until your trial.
This only adds to the stress and anxiety that results from criminal charges.
However, with the assistance of an experienced bail hearing lawyer, you have a good chance of being released and preparing for your trial with more freedom.
The judge’s decision will depend on the nature of your crime and the risks posed by releasing you.
Mukesh Bhardwaj Criminal Defence Lawyer can help you present your case for the best possible outcome.
Do I need a lawyer for a bail hearing in Ontario?
There is no legal necessity for a lawyer to attend your bail hearing (often called a “show cause” hearing) with you.
However, you have a considerably better chance of securing bail on reasonable terms if you are represented by a criminal lawyer with experience in defending the charges against you and who knows the Toronto legal system.
The constitutional right to bail is an essential element of the Canadian criminal justice system but if you have been accused of committing a serious crime, the prosecution may push for you to be detained.
Mukesh Bhardwaj understands the bail hearing process inside out and has secured favourable outcomes for people accused of all types of criminal offences around Toronto.
What happens at a bail hearing?
Within 24 hours of being arrested and charged at a Toronto police station, you must be awarded a bail hearing.
You will usually be taken from the station to the nearest courthouse, except on weekends when your bail hearing will be at Old City Hall.
You do not need to appeal guilty to secure bail.
Bail hearing lawyer Mukesh Bhardwaj will prepare you for this important hearing and may negotiate with the Crown Prosecution about the reasonable terms of release.
He will make a strong case to be released from custody on bail to the judge or Justice of the Peace.
An inexperienced lawyer may not be persuasive enough but Mukesh Bhardwaj has an impressive track record with this.
The judge will consider whether your detention is necessary to ensure public safety, ensure your attendance in court, or to maintain confidence in the administration of justice.
In order for bail to be granted, you may require a surety. This is a friend or family member who will need to deposit cash or something of value, while also vouching for you and agreeing to monitor you to ensure that you uphold the conditions of your release.
Types of Bail Release
There are two common types of bail release in Toronto. The judge’s decision will depend mainly on the nature of your alleged crime and your criminal record.
Promise to Appear or Appearance Notice
If you have no criminal record and the charge against you is for a relatively low-level crime, there is a good chance that Mukesh Bhardwaj can secure bail on a promise to appear or appearance notice.
This type of bail requires no formal bail hearing and is usually granted at the discretion of the police.
Restrictions and conditions are few provided that the police are confident that you will appear in court on the designated date – and there is no need to deposit cash for bail.
In slightly more serious cases, you may be asked to sign a document outlining certain conditions of your release.
Recognizance
For more serious charges or where you are considered to be a flight risk, a danger to the public, or have a criminal history, the police cannot grant bail and a hearing will be required.
This usually requires a significant but returnable deposit (which may only apply if the terms of bail are breached) or a surety before bail release is granted.
There will usually be a range of conditions and restrictions attached to a release on recognizance. These will govern your movements, social interactions, access to media, and so on.
What is the difference between bail and bond?
Bail refers to a cash payment that you or someone else pays to secure release on bail, while a bond is a pledge made by a bondsman to pay the full amount of bail if you fail to appear in court.
However, while the bond system is common in the U.S, the surety system is used instead in Canada.
Can I be denied bail at my bail hearing?
Yes, the judge or Justice of the Peace may deny you bail, if he or she is not satisfied that you will appear in court on the designated date.
You can appeal the decision but it is a time-consuming process with no guarantee of success.
Reasons to be denied bail
You may be denied bail because of:
A significant criminal record that suggests you may re-offend
Alleged involvement in a violent crime that means your release poses a public safety issue
A perceived danger to the safety or wellbeing of another person
Potential flight risk
Failure to satisfy the judge that you will appear in court on the designated date
How can a criminal lawyer help you get released on bail faster?
A seasoned Toronto criminal lawyer like Mukesh Bhardwaj is accustomed to the bail hearing process. He is well-versed in working with the police, prosecution, and the Toronto court system to secure release from custody.
Ideally, he can work with the presenting officer or prosecutor to negotiate your release without a formal bail hearing, avoiding delays, stress, and unnecessary restrictions.
If negotiations are unsuccessful, you will generally have a bail hearing within 24 hours unless there are exceptional circumstances and it needs to be delayed.
Attempting to arrange bail yourself is extremely challenging unless you are accustomed to the system, the legal processes, and the coordination of resources normally required.
Saying something inadvisable at your bail hearing may also harm your defence at trial.
Mukesh Bhardwaj will help you avoid that scenario and work towards you spending the least possible time in custody.
Commenti